‘Alligator Alcatraz’ Appears Likely to Be Upheld on Appeal (1)

ICE is likely operating one of its most notorious detention facilities, the Florida holding center dubbed “Alligator Alcatraz,” lawfully despite no environmental review process, a federal appeals panel indicated during oral arguments Tuesday.

The US Court of Appeals for the Eleventh Circuit heavily scrutinized environmental groups’ claims that construction of the makeshift Immigration and Customs Enforcement holding center, built by the state on an airport training facility commandeered from Miami-Dade County, is a “major federal action” subject to a National Environmental Policy Act review it didn’t receive.

A federal judge in south Florida ordered a winding down of the facility’s operations last year, rejecting US contentions the site is state not federal, and ruling it likely posed a harm to the surrounding environment. That order was later put on hold pending appeal, and the center allowed to remain open.

Now, the preliminary injunction barring further operation of Alligator Alcatraz seems likely to be overturned and environmental groups’ NEPA claims possibly dismissed, as Chief Judge William H. Pryor said the lack of federal control over the facility means “their federal case is over.”

The extent of the federal government’s involvement in the facility’s funding and operation is a key turning point in the case, as Congress previously narrowed what projects are subject to NEPA review to exclude those “with no or minimal federal funding” in the 2023 Fiscal Responsibility Act.

How the circuit rules could determine whether other Republican-led states that have agreed to build ICE detention centers could be exempt from federal environmental review requirements, such as formal studies on surrounding protected wildlife or potential strains on water systems.

Attorneys from the US Department of Justice and Florida Department of Emergency Management argued NEPA, which is a federal procedural statute, can’t apply as “no formal commitment,” from ICE have been made for refunding the cost of construction and operation.

Judge Nancy Abudu rebuked the DOJ’s and Florida’s claim that the federal government wouldn’t reimburse construction costs, pointing to public statements from President Donald Trump and former Department of Homeland Security Kristi Noem that “the feds will cover this.”

“The district court went through all of the testimony during the hearing as to the commitment from the federal government to fund this program,” Abudu said. “Is it just that once Florida gets the check that we now have a federal action?”

Justice Department attorney Adam Gustafson said such statements don’t change the project’s status as a state endeavor, as a “final agency action is not dictated by press conferences, Facebook posts.”

The judges repeatedly questioned how much power Florida handed over in an agreement under a program called 287(g), which allows ICE to hand over immigration arrest authority to states. Pryor asked if Florida wanted to use the facility as a hurricane relief center tomorrow if that would be possible, while Abudu asked “who do the people belong to” in the holding facility.

Although the site where the facility sits was commandeered specifically to assist ICE under this accord, Judge Andrew L. Brasher said Florida built the facility “on their own,” and under a different presidential administration the state’s right to do so would remain exempt from NEPA.

The environmental plaintiffs’ lawyer, Paul Schwiep of Coffey Burlington LP, said the federal government “does not have to be the primary actor” in a development to trigger NEPA, though the facility was built “to serve an exclusively federal function” under immigration and deportation law.

Environmental groups are also represented by Earthjustice. Florida is represented by the state Attorney’s General office and Boies Schiller Flexner LLP.

The case is Friends of the Everglades v. Sec’y of the US Dep’t of Homeland Sec., 11th Cir., No. 25-12873, oral arguments 4/7/26.